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Mandated DisclosuresLead_paint_gaMEDIUM

A licensee in Georgia is assisting with the sale of a home built in 1972. Regarding lead-based paint disclosure requirements in this transaction, which of the following statements is correct?

Correct Answer

B) Real estate agents must ensure the federally required lead-based paint disclosure form is completed, as this obligation arises from federal law rather than a Georgia-specific statute.

The Residential Lead-Based Paint Hazard Reduction Act (Title X) and implementing EPA/HUD regulations (24 CFR Part 35, 40 CFR Part 745) impose federal disclosure requirements on sellers, landlords, and their agents in transactions involving pre-1978 housing. Real estate agents have an independent federal obligation to ensure the disclosure form is properly completed. Georgia does not have a separate state-level lead-based paint disclosure statute; the requirement applied in Georgia transactions is federal in origin.

Answer Options
A
The buyer is entitled to a minimum of thirty days to conduct a lead-based paint inspection before being obligated to purchase the property.
B
Real estate agents must ensure the federally required lead-based paint disclosure form is completed, as this obligation arises from federal law rather than a Georgia-specific statute.
C
Lead-based paint disclosure in Georgia is governed exclusively by the Georgia Real Estate License Law and has no federal statutory basis.
D
Lead-based paint disclosure is required only when the seller has actual documentation of a prior lead-based paint inspection showing positive results.

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Related Topics & Key Terms

Key Terms:

georgiastate_portionlead_paint_gaga_disclosures

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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